[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 9-14-1967. Amendments noted where applicable.]
The words, terms or phrases listed below for the purpose of
this ordinance shall be defined as follows:
And include the Health Officer or other duly authorized representative
thereof, except in such case when the Board is referred to in a manner
that contemplates action by it as a body corporate.
Building Inspector or other duly authorized representative
thereof, except in such case when the borough is referred to in a
manner that contemplates action by it as a body corporate.
Includes the building or construction or installing of a
new swimming pool or enlarging an existing swimming pool or any of
the facilities.
Includes corporations, companies, associations, societies,
firms and partnerships as well as individuals.
Any above-surface type of swimming, bathing or wading pool
and all equipment and appurtenance thereto, not designed or intended
to be stationary or permanently fixed, but designed and intended to
be removed and stored.
Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land or any above-surface pool having a depth of
more than 30 inches, designed, used and maintained for swimming or
bathing purposes by an individual for use of the members of the household
and guests and located on the applicant's land as an accessory
use to a residence, and shall include all buildings, equipment, structures
and appurtenances thereto.
And include an artificially constructed pool not designed
or used for swimming having a capacity of less than 250 cubic feet.
The provisions of this ordinance shall apply to portable pools
and wading pools only when specific reference is made to them in the
context of those sections of the ordinance applicable to such pools.
A.
The application of the provisions herein to a permanent-type swimming
pool constructed prior to the passage of this ordinance shall be as
follows:
(1)
Such pools shall not be subject to the requirements under § 59-11 hereof, pertaining to distance of pool from boundary lines, etc., unless an enlargement of facilities is sought.
B.
The provisions of this ordinance shall not be applicable to wading
pools or portable pools, unless specific reference is made in any
section to such type pool.
A.
It shall be unlawful for any person to alter, construct or install
a swimming pool in the Borough of Wenonah without first having complied
with the provisions of this ordinance or obtained a permit therefor
in the manner hereinafter provided.
B.
Applications for such permit shall be made to the Building Inspector
and shall be accompanied by duplicate sets of the following:
(1)
Plans and specifications or proper description brochures.
(2)
Plot plans showing property lines of the premises upon which the
swimming pool is to be constructed or installed, together with all
existing houses and structures thereon, abutting streets and properties
and the location and dimensions of the proposed pool and its auxiliary
structures, including a description of the enclosure or fence to be
used.
(3)
A description of the method of disinfection, treatment and disposal
of the water to be used.
C.
The Building Inspector shall file the duplicate set of plans and
specifications with the Board of Health prior to the issuance of a
permit.
D.
A fee of $20 for the first $2,000 or fraction thereof, plus $5 for
each additional $1,000 or fraction thereof, of the estimated cost
of construction shall be charged by the Building Inspector for such
permit and shall be tendered with the application to the Building
Inspector.
E.
The Building Inspector shall, within 15 days after receiving an application
for a permit, act upon the same as follows:
F.
Electrical fixtures, wiring and installation thereof used in connection
with a pool shall conform to the Standards of the National Board of
Fire Underwriters for Electrical Wiring and Apparatus.
[1]
Editor's Note: Former § 59-5, Expiration; annual
license fees, was repealed 12-29-1983.
All materials used in the construction of swimming pools shall
be waterproof and so designed and constructed as to facilitate emptying
and cleaning and shall be maintained and operated in such manner as
to be clean and sanitary at all times. Inlets shall be so located
and spaced as to secure satisfactory dispersion of inflowing waters
throughout the pool and to permit draining, cleaning and disinfecting
of the bottom and sides. Sand or earth bottoms shall not be used.
All swimming pools, including portable pools, shall be so constructed,
installed and maintained as to provide necessary equipment for the
chlorination and other disinfection and filtering to comply with approved
bacteriological standards as may be promulgated by the Board of Health
of the Borough of Wenonah and the New Jersey State Department of Health.
All private swimming pools hereafter constructed within the
Borough of Wenonah shall be provided with one drainage outlet not
in excess of three inches in diameter extending from said pool to
either a brook, storm sewer or lawn-sprinkling system on the premises
on which said pool is located. The discharge of water from such private
swimming pools into a brook or storm sewer shall be permitted only
following approval by the proper state, county and borough officials
as each case required.
There shall be no physical connection between a potable (public
or private) water supply system and such pools at a point below the
maximum flow of the pool or to a recirculating or heating system of
a pool, unless such physical connection is so installed and operated
that no pool water can be discharged or siphoned into a potable water
supply system.
A.
Standards. The physical, chemical and bacterial qualities of the
water shall comply with the latest recommendations made by the American
Public Health Association and by the New Jersey State Department of
Health.
B.
Violation. Failure to maintain the sanitary quality of the water
prescribed by this section, or to restore such water to the required
quality within the time directed by the Board of Health, shall be
a violation of this section.
Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways
and all other physical facilities or equipment incident to the operation
of any private swimming pool shall be kept in a sanitary condition
at all times.
A private swimming pool or wading pool hereafter constructed
shall comply with the yard and area requirements of the Zoning Ordinance[1] of the Borough of Wenonah for accessory buildings.
A.
Every private swimming pool or the premises upon which said pool
is located, shall be completely enclosed by a fence not less than
four feet in height with no opening therein (other than doors or gates)
larger than six inches in its largest dimension. All gates or doors
opening through such enclosure shall be kept securely closed at all
times when the pool is not in actual use and shall be equipped with
a self-closing and self-latching device designed to keep and capable
of keeping such door or gate securely closed at all times. The doors
or gates shall remain securely locked at all times when the pool is
not being used.
B.
Any ordinance requiring the obtaining of a permit for the erection
of a fence shall not apply to fences erected pursuant to the provisions
of this ordinance except in such case where a fence is erected along
a property line.
C.
Any access ladders or steps used in connection with the above-surface-type
portable pools shall be removed when such pools are not in use.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool or the above-surface-type portable pool
in such a manner as to be a nuisance or an annoyance to neighboring
properties.
A.
The owner of any private swimming pool or above-surface-type portable
pool within the Borough of Wenonah, shall allow the said Building
Inspector, Health Officer or other authorized official, access to
the pool and appurtenances for the purpose of inspection to ascertain
compliance with this ordinance at all reasonable times.
B.
Whenever any pool by reason of mechanical defects or failure to comply
with the requirements of this ordinance is a hazard to the health
of users thereof, the Health Officer and/or Building Inspector is
authorized to summarily close such pool and keep such pool closed
until no further hazard to users of the same exists, subject to the
right of appeal to the Board of Health by the owner of such pool,
which appeal shall not stay the action of the Health Officer and/or
Building Inspector.
A person violating any of the provisions of this ordinance shall,
upon conviction, be subject to a fine not to exceed the sum of $200,
and upon default in the payment of said fine, may be imprisoned in
the county jail for a term not to exceed 30 days. Every day that such
violation continues shall be deemed to be a separate offense.
If for any reason any section or subsection of this ordinance
shall be held to be unconstitutional or invalid, the same shall not
be held to affect other sections or provisions of this ordinance.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed.
This ordinance shall take effect immediately upon final passage
and publication as required by law.
